FIRST REGULAR SESSION
HOUSE JOINT RESOLUTION NO. 17
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SMITH (150) (Sponsor), FITZWATER, LANT, WRIGHT, ROWLAND, CRAWFORD, SCHOELLER, HINSON, HOUGH, POLLOCK AND LOEHNER (Co-sponsors).
0678L.01I D. ADAM CRUMBLISS, Chief Clerk
Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, and adopting one new section relating to freedom in agriculture.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2012, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:
Section A. Article I, Constitution of Missouri, is amended by adding one new section, to be known as section 35, to read as follows:
Section 35. 1. This section shall be known as the "Freedom in Agriculture Act".
2. Agriculture which provides food, energy, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital sector of Missouri's economy, it shall be the right of citizens to grow crops, hunt and fish wildlife, and raise animals in a humane manner without the state imposing an undue economic burden on animal owners. Notwithstanding the provisions of article III, sections 49 and 50 to the contrary, no law regulating the growing of crops, the right to hunt and fish wildlife, and the welfare of any animal shall be valid unless based upon generally accepted scientific principles and enacted by the general assembly or promulgated by a state department or agency through administrative rule pursuant to valid statutory authority and reviewed by the joint committee on administrative rules.
3. As used in this section, the following terms shall mean:
(1) "Animals", an animal of the equine, bovine, porcine, ovine, caprine, avian, or species domesticated or semidomesticated; ratite birds including but not limited to ostrich and emu, aquatic products as defined in section 277.024, llamas, alpaca, buffalo, elk, deer documented as obtained from a legal source and not from the wild and raised in confinement for human consumption or animal husbandry, poultry, cats, dogs, and exotic animals;
(2) "Crops", any vegetable or fruit grown on residential property for personal consumption, and any unmanufactured vegetables, fruits, grains and feeds including, but not limited to, soybeans, cow peas, wheat, corn, rice, oats, barley, kafir, rye, flax, grain sorghums, cotton, and such other products as are usually stored in grain and other elevators and on farms; but excluding genetically modified crops or crops grown from genetically modified seeds, and plants regulated pursuant to criminal law;
(3) "Generally accepted scientific principles", agricultural standards and practices established by the University of Missouri, and the most current industry standards and practices;
(4) "Humane manner", care of animals regarding the animal's health and environment in compliance with generally accepted scientific principles and defined by law;
(5) "Hunt and fish", hunting and fishing in accordance with all licensing and tagging requirements and in accordance with the rules of the department of conservation.
(6) "Undue economic burden", expenses incurred resulting from changes in agricultural practices deemed legal under current state or local laws or ordinances;
(7) "Wildlife", all wild birds, mammals, fish and other aquatic and amphibious forms, and all other wild animals, regardless of classification, whether resident, migratory or imported, protected or unprotected, dead or alive; and shall extend to and include any and every part of any individual species of wildlife.
The provisions of this section are self-executing. All of the provisions of this section are severable. If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.